AOS Denial

[orang4 0]

Good afternoon,

My wife and I just received a denial notice from the USCIS in response to her AOS from a B-2 visa to a green card. We sent her information in October and received a Request for Initial Evidence on Dec. 9. The RFE asked for us to send all of the tax information (w-2s, 1099s, etc.) for the petitioner (myself) and my parents who were listed as joint sponsors. We requested the tax transcripts for both myself and my parents and sent them along with the RFE and a cover letter to the address listed. On March 10, we received a denial. They acknowledged receipt of the two 2012 tax transcripts and listed the reason for denial as failing to submit all supporting tax documentation from the joint sponsor. The denial states that the application is denied and not capable of being appealed. We just had our InfoPass appointment, but the officials were unable to tell us anything specific to our case, they could only direct us to the USCIS 800 number and to our denial. We were given forms (I-290B and I-912) and told that our only courses of action are to reapply or to file a Notice of Appeal or Motion.

What am I missing here? I was under the impression from the numerous threads that I have read on VJ as well as the info page for form I-485 that sending the tax transcripts would meet all requirements.

I appreciate any assistance in this matter. I’m attempting to call USICS, but I can’t seem to talk to anyone who can look at my case.

Thanks for any help.

[Hypnos 6,576]

Did you send proof that the joint sponsors were US citizens or LPRs?

[orang4 0]

Yes, with the initial AOS packet, I sent my and my parent's birth certificates.

All three of us are US citizens.

[orang4 0]

Here is the pertinent information from our cover letter accompanying the AOS packet:

Nature of the submission:

Concurrent filing of I-485 - Immediate Relative (Spouse) Family Based Adjustment of Status Application, I-130 Petition for Alien Relative, I-765 Employment Authorization, and I-131 Application for Travel Document.

To Whom It May Concern:

Enclosed please find my concurrent filing of I-485 - Immediate Relative (Spouse) Family Based Adjustment of Status Application, I-130 Petition for Alien Relative, I-765 Employment Authorization, and I-131 Application for Travel Document and supporting documents as follows:

I-130 Packet:

- Personal check in the amount of $420.00 payable to U.S. Department of Homeland Security

- G-1145 – Form for E-notification of Application/Petition Acceptance

- I-130 – Petition for Alien Relative

- Birth Certificate of Petitioner

- Birth Certificate and Translation of Beneficiary

- Passport Biographical Page of Beneficiary

- Passport Entrance/Exit stamps and I-94 of Beneficiary

- Certified copy of Marriage certificate

- G-325A- Biographic Information for Petitioner

- Passport photos for Petitioner

- G-325A- Biographic Information for Beneficiary

- Passport photos for Beneficiary

- Evidence of Bona Fide Marriage

I-485 Packet:

- Personal check in the amount of $1,010.00 payable to U.S. Department of Homeland Security

- I-485 - Application to Register Permanent Residence or Adjust Status

- Passport Biographical Page of Non-US Citizen

- Passport Entrance/Exit stamps, B-2 Visa, and I-94 of Non-US Citizen

- Copy of birth certificate with Translation

- Certified Copy of Marriage License

- G-325A, Biographic Information for Non-US Citizen

- 2 passport photos of Non-US Citizen

- I-693

- I-864 - Affidavit of Support Under Section 213A of the Act, completed by Jonathan Stow

O Copy IRS Tax Transcript for 2012 tax year

- I-864 - Affidavit of Support Under Section 213A of the Act, completed by Mary Stow

O Copy IRS Tax Transcript for 2012 tax year

o Copy of Birth Certificate for Joint Sponsor- Mary Stow

I-765 Packet:

- I-765, Application for Employment Authorization

- Passport Photos

- Passport Biographical Page

- Passport Entrance/Exit Stamps, B-2 Visa, and I-94

I-131 Packet:

- I-131, Application for Travel Document

- Passport Photos

- Passport Biographical Page

- Passport Entrance/Exit Stamps, B-2 Visa, and I-94

[Hypnos 6,576]

It definitely sounds like something fishy is going on.

I would speak to one of your congressional representatives and see how things go from there, maybe they will be able to find out more details of what exactly the issue is.

[orang4 0]

I should note, when I sent the I-864 Affidavit of Support, I sent one for myself and one under my mother's name. My mother and father are married filing jointly. Would this be a problem since both of the names are on the tax transcript? For the RFE, I sent the IRS tax transcript for their jointly filed 2012 tax return.

[aaron2020 11,651]

I should note, when I sent the I-864 Affidavit of Support, I sent one for myself and one under my mother's name. My mother and father are married filing jointly. Would this be a problem since both of the names are on the tax transcript? For the RFE, I sent the IRS tax transcript for their jointly filed 2012 tax return.

Yes, it's a problem if you want to use mom's income to meet the 125% poverty line.

Did mom file an I-864a?

Edited March 11, 2014 by aaron2020

[aaron2020 11,651]

By the way, your wife can have only one Joint Sponsor.

Since your dad filled the I-864, he is the Joint Sponsor.

Your mother is not a Joint Sponsor for your wife. If you want to combine mom's income with dad's income, then mom must file an I-864a as dad's household member.

[orang4 0]

No, my mother did not file an I-864A because we do not share the same household. She filed a separate I-864 form.

[Pitaya 2,577]

~Moved from Family-based AOS to Work, Study & Tourist-based AOS Forum~

~Adjusting from tourist visa~

[orang4 0]

Just to clarify, the joint sponsor would be my mother. She filed the I-864, but she happens to file married jointly with my father.

[orang4 0]

My father is retired but my mother is still working so we used her name on the accompanying I-864. Her income is high enough to be our joint sponsor without considering my father's social security.

[orang4 0]

Did I mistakenly file an I-864 for my mother when I should have filed an I-864a? I was under the impression that the I-864a is filed when you share a household, and a second I-864 is filed when there are separate households. Again, the reason for the denial is stated:

On December 9,2013, you responded to the request by submitting:

Cover letter from applicant and petitioner

Petitioner's 2012 IRS-issued tax return transcript

The joint sponsor's 2012 jointly filed IRS-issued tax return transcript

You failed to submit:

All supporting tax documentation from the joint sponsor on Form I-864 for the most recent tax year.

[aaron2020 11,651]

My father is retired but my mother is still working so we used her name on the accompanying I-864. Her income is high enough to be our joint sponsor without considering my father's social security.

Sorry that I mixed up your mom and dad.

Mom is JS.

Dad is not a part of the case since he did not sign an I-864 or I-864a. (He will still be counted as a part of mom's household.)

For income on your mom's I-864, did you exclude dad's social security?

Edited March 11, 2014 by aaron2020

[orang4 0]

For my mother's I-864, I used the income reported on the tax transcript which included my father's social security.